Chap005

Chapter 05
Constitutional Principles

True / False Questions 1. The U.S. Constitution establishes a system of government based on the principle of federalism.
True False 2. Congress has the power to enact legislation, but the president can veto a law that Congress passes.
True False 3. The U.S. Constitution explicitly allows courts to review legislative and executive actions to determine whether they are constitutional.
True False 4. Judicial review allows courts to review the constitutionality of lower courts' decisions.
True False 5. The primary source of authority for federal regulation of business is the First Amendment to the U.S. Constitution.
True False 6. Federal laws include laws passed by federal administrative agencies.
True False 7. Congress can use its spending power to achieve social welfare objectives.
True False 8. The fourteenth amendment is part of the Bill of Rights.
True False 9. No First Amendment protections apply to corporations.
True False 10. Not all corporate speech is political speech.
True False

Multiple Choice Questions 11. According to the principle of federalism established by the U.S. Constitution, how is the authority to govern allocated?
A. It is allocated to the federal government.
B. It is allocated to the states.
C. It is allocated to local jurisdictions.
D. It is allocated to the U.S. Senate.
E. It is divided between federal and state governments. 12. According to the ______ Amendment to the Constitution, all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states.
A. First
B. Second
C. Fifth
D. Sixth
E. Tenth 13. Why must federal legislation that affects business be based on an expressed constitutional grant of authority?
A. Because the U.S. Congress passed a law to that effect.
B. Because the federal government has only those powers granted to it by the Constitution.
C. Because President Lincoln issued an executive order to that effect.
D. Because President Washington issued an executive order to that effect.
E. Because it is a custom. 14. The U.S. Constitution allocates the power of the federal government among _____ branches of the government.
A. Two
B. Three
C. Four
D. Five
E. Six 15. What are the three independent branches of the federal government?
A. Legislative, executive, and judicial.
B. Legislative, commerce, and safety.
C. Commerce, safety, and law enforcement.
D. Executive, safety, and law enforcement.
E. Law enforcement, judicial, and statutory. 16. How was the process of judicial review established, under which courts review legislative and executive actions to determine whether they are constitutional?
A. By vote of the U.S. Senate
B. By vote of the U.S. House of Representatives
C. By vote of both the U.S. Senate and the U.S. House of Representatives
D. By common law
E. By executive proclamation 17. Which clause provides that the Constitution, laws, and treaties of the United States constitute the supreme law of the land?
A. The First Amendment, clause three
B. The supremacy clause
C. The commerce clause
D. The Eighth Amendment, clause one
E. The federalism clause 18. Which of the following is true regarding laws passed by the U.S. Congress under the authority of the commerce clause?
A. So long as the law affects commerce among the states, or interstate commerce in some way, the regulation is generally constitutional.
B. So long as the law affects taxation in some way, it is constitutional.
C. So long as the law involves in some way a right guaranteed by the Bill of Rights, it is constitutional.
D. So long as the law is approved by any state affected, it is constitutional.
E. So long as the law is not objected to by any state affected within six months of its passage, it is constitutional. 19. Reference: "Junk food." Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy, junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. What does the term "police power" reference?
A. The residual powers retained by each state to safeguard the health and welfare of its citizenry.
B. The residual powers retained by the federal government to enforce valid laws and regulations.
C. The powers granted to local government to enter residences without a search warrant.
D. The powers granted to state governments to tax for the purposes of having law enforcement.
E. The powers granted to state government to imprison citizens of other states who commit crimes within a state. 20. Reference: "Junk food." Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy, junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. What do courts generally presume regarding laws passed in accordance with states' police power?
A. There is no presumption.
B. The law is valid.
C. The law is invalid.
D. The law is valid unless it involves a First Amendment right.
E. The law is valid unless it involves the commerce clause. 21. Which of the following is true regarding the decision by the U.S. Supreme Court in the case Granholm v. Heald involving the sale of wine by out-of-state wineries?
A. The law treating out-of-state residents differently from in-state residents was justified based on the interest of each state in protecting the business opportunities of its citizens.
B. The law treating out-of-state residents differently from in-state residents was unconstitutional.
C. The court upheld restrictions placed on out-of-state sellers on the basis that the restrictions were a valid exercise of the state's police power and that whether it unfairly burdened interstate commerce was not an issue.
D. The court refused to decide the issue one way or the other and requested additional evidence.
E. The court ruled that the plaintiffs lacked standing. 22. Which of the following is true regarding federal taxation?
A. The U.S. Constitution grants Congress the power to tax.
B. The taxes laid by Congress must be uniform across the states.
C. Congress can legitimately use taxes to encourage the development of certain industries and discourage the development of others.
D. All the above.
E. None of the above. 23. Which of the following is true regarding the privileges and immunities clause of the U.S. Constitution?
A. Under the clause, a state cannot prohibit nonresidents from opening restaurants in the state.
B. Under the clause, a state can allow state universities to charge higher tuition to out-of-state students because residents pay taxes that fund state universities, while out-of-state students do not.
C. Under the clause, states may not discriminate against citizens of other states in the buying and selling of property.
D. All the above.
E. None of the above. There is no privileges and immunities clause in the U.S. Constitution. The privileges and immunities clause is contained in a statute passed by Congress. 24. Which clause of the U.S. Constitution provides that, "Full Faith and Credit shall be given in each state to the public Acts, Records and judicial Proceedings of every other state"?
A. The full faith and credit clause
B. The privileges and immunities clause
C. The commerce clause
D. The contract clause
E. The Bill of Rights clause 25. Reference: "Insurance." Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states be taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways be denied to any state that does not also provide insurance coverage for adults without insurance. She also proposed that states with citizens with higher than average incomes be taxed at a higher rate than other states.
Bill, another new senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Which of the following is true regarding Bill's statement?
A. He is incorrect. The U.S. Constitution contains no such reservation.
B. He is partially correct. The U.S. Constitution prohibits taxation in areas in which states also tax, but most states are not taxing for insurance purposes at this time.
C. He is incorrect in saying that the U.S. Constitution expressly reserves the right to tax to the states but he is correct in saying that Congress lacks the authority to tax in this manner because Congress cannot lay taxes for any reason other than essential needs of the federal government.
D. He is incorrect in saying that the U.S. Constitution expressly reserves the right to tax to the states but he is correct in saying that Congress lacks the authority to tax in this manner because the president has issued an executive order prohibiting such taxation.
E. He is incorrect because the prohibition is contained in a federal statute passed by Congress, not in the U.S. Constitution. 26. Reference: "Insurance." Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states be taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways be denied to any state that does not also provide insurance coverage for adults without insurance. She also proposed that states with citizens with higher than average incomes be taxed at a higher rate than other states.
Sam, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Which of the following is true regarding Sam's statement?
A. Sam is correct.
B. Sam is correct only if the state is making efforts to put social programs into effect and is not acting unreasonably in refusing to provide needed services.
C. Sam is partially correct in saying that Congress has no authority to link highway funds with social services, but any other funds may be linked to social services by executive order.
D. Sam is partially correct in saying that Congress has no authority to link highway funds with social services but other funds may be linked to social services by an act of Congress.
E. Sam is incorrect. 27. Reference: "Insurance." Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states be taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways be denied to any state that does not also provide insurance coverage for adults without insurance. She also proposed that states with citizens with higher than average incomes be taxed at a higher rate than other states.
Ellen, a clerk in the Senate, tells Susan that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Ellen's statement?
A. Ellen is incorrect. The U.S. Congress has complete discretion on taxation.
B. Ellen is partially incorrect because before the U.S. Congress taxes one state's residents at a higher rate than citizens of other states, a rational relationship between the difference and governmental need must be shown.
C. Ellen is incorrect because before the U.S. Congress taxes one state's residents at a higher rate than citizens of other states, an important need must be shown.
D. Ellen is incorrect because before the U.S. Congress taxes one state's residents at a higher rate than citizens of other states, a disparity of income of over 30% must be shown.
E. Ellen is correct. 28. The first _____ amendments to the U.S. Constitution are known as the Bill of Rights.
A. Five
B. Six
C. Eight
D. Nine
E. Ten 29. Which amendment extends most of the provisions of the Bill of Rights to the states?
A. Thirteenth
B. Fourteenth
C. Twenty-first
D. Twenty-second
E. Fortieth 30. Which amendment provides that the government cannot infringe on citizens' right to bear arms?
A. First
B. Second
C. Fifth
D. Sixth
E. None 31. Which amendment prohibits cruel and unusual punishment?
A. Second
B. Fourth
C. Fifth
D. Eighth
E. Tenth 32. When the First Amendment is concerned, what does the term "political speech" reference?
A. Speech that occurs when corporations support political candidates.
B. Speech by any citizen in connection with an election campaign.
C. Speech by elected officials regarding other elected officials.
D. All the above.
E. None of the above. The First Amendment is not referenced in relation to "political speech." 33. Which of the following is true regarding the Central Hudson test for commercial speech?
A. Speech that is misleading is not protected by the First Amendment.
B. The government must show that a substantial governmental interest is served by a restriction on commercial speech in order to validly restrict the speech.
C. A restriction on commercial speech must not be more extensive than necessary for speech to be protected.
D. All the above.
E. None of the above. 34. Which of the following is true regarding First Amendment protections?
A. The first amendment protects defamatory statements.
B. The first amendment protects obscenity.
C. The first amendment protects defamatory statements and also commercial speech.
D. Neither defamation, obscenity, nor commercial speech is protected by the First Amendment.
E. Neither defamation nor obscenity is protected by the First Amendment, but some commercial speech is protected. 35. Which of the following is true regarding the protection of "fighting words" under the First Amendment?
A. Fighting words are unprotected speech under the First Amendment.
B. Fighting words are protected speech under the First Amendment only if they are uttered by an individual citizen, not by a corporate representative.
C. Fighting words are protected speech under the First Amendment only if they involve political activity.
D. Fighting words are protected speech under the First Amendment only if they are made in connection with a protest march.
E. Fighting words are protected speech under the First Amendment only if they are made in conjunction with self defense. 36. Which amendment protects freedom of religion?
A. First
B. Second
C. Fourth
D. Sixth
E. Eighth 37. As expressed in the text, which of the following expresses the United Nations declaration on hate speech?
A. The United Nations' declaration protects hate speech to a lesser degree than does the U.S.
B. The United Nations' declaration protects hate speech in essence to the same degree as the U.S.
C. The United Nations' declaration states that hate speech is not a protected form of expression.
D. The United Nations' declaration states that speech is only recognized as "hate speech" if it is gender based.
E. There is no United Nations declaration on hate speech. 38. What does the establishment clause of the First Amendment provide?
A. Government cannot make a law prohibiting the free exercise of religion.
B. Government cannot make a law establishing a religion.
C. Government cannot make a law referencing religion in any manner.
D. All the above.
E. None of the above. 39. What does the free-exercise clause of the First Amendment provide?
A. Government cannot make a law prohibiting the free exercise of religion.
B. Government cannot make a law establishing a religion.
C. Government cannot make a law referencing religion in any manner.
D. All the above.
E. None of the above. 40. A ______ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.
A. Search warrant
B. Subpoena warrant
C. Search authorization form
D. Seek warrant
E. Review authorization 41. When can government agents obtain a search warrant?
A. When they can establish reasonable cause.
B. When they can establish probable cause.
C. When they can establish cause to a substantial certainty.
D. Anytime they have an informant.
E. Anytime the judge is in his office and they show identification as government agents. 42. Which amendment protects citizens from unreasonable searches and seizures?
A. First
B. Third
C. Fourth
D. Sixth
E. Tenth 43. When may government agents search without a search warrant?
A. When law enforcement officials believe it likely that the items sought will be removed before they can obtain a warrant.
B. Outside of normal working hours for a judge.
C. When they can show that the suspect who lives in the residence at issue has been in jail previously.
D. When they can show that a felony is involved.
E. All the above. 44. Which of the following is an exception to the rule that administrative searches usually require search warrants?
A. The administrative exception
B. The reasonable-search exception
C. The pervasive-regulation exception
D. The compelling-need exception
E. The controlling-principle exception 45. Which of the following is true regarding the right of the federal government to obtain business books and records?
A. The government has an absolute right to business books and records so long as a subpoena is issued by a grand jury.
B. The government has no rights to such records without a search warrant.
C. Obtaining books and records from a sole shareholder of a corporation and also from a sole proprietor based only upon a subpoena issued by a grand jury violates the right against self-incrimination.
D. Obtaining books and records from a sole proprietor based only on a subpoena from a grand jury violates the owner's rights against self-incrimination, but seizing records from a sole shareholder of a corporation in that manner does not violate rights against self incrimination.
E. Obtaining books and records from a sole shareholder of a corporation based only on a subpoena from a grand jury violates the shareholder's rights against self-incrimination, but seizing records from a sole proprietor in that manner does not violate rights against self incrimination. 46. Reference: "Thermal Imaging." Sam is engaged in the criminal activity of growing marijuana in his home. He used heat lamps in the process. The police randomly select his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, to determine that he was possibly engaged in illegal activity. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by using the thermal imager. Which of the following is true on that issue?
A. The police acted legally so long as they can show that they asked a judge for a warrant before using the thermal imager, but the judge refused.
B. The police acted legally so long as they can show that the street was truly chosen at random for a search.
C. The police acted legally so long as they can show that Sam had been in jail previously on a drug offense charge.
D. The police acted legally so long as they can show that Sam had been in jail previously for any offense.
E. The police violated Sam's Fourth Amendment rights in using the thermal imager. 47. Reference: "Thermal Imaging." Sam is engaged in the criminal activity of growing marijuana in his home. He used heat lamps in the process. The police randomly select his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, to determine that he was possibly engaged in illegal activity. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by using the thermal imager. Sam's lawyer also questions whether Sam had lost his right against self-incrimination. Which of the following is true on that issue?
A. Sam did not lose his right against self-incrimination.
B. The office was correct. Sam lost his right against self-incrimination because marijuana was involved.
C. Sam lost his right against self-incrimination because he did not immediately ask for a lawyer.
D. Sam lost his right against self-incrimination because he did not immediately say he raised his right against self-incrimination.
E. Sam lost his right against self-incrimination both because marijuana was involved and also because he did not immediately ask for a lawyer. 48. Reference: "Thermal Imaging." Sam is engaged in the criminal activity of growing marijuana in his home. He used heat lamps in the process. The police randomly select his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, to determine that he was possibly engaged in illegal activity. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by using the thermal imager. Sam's lawyer is concerned that the judge has not granted Sam a hearing. Which of the following references rights Sam had in regard to a hearing?
A. Sam's right to substantive due process.
B. Sam's First Amendment rights.
C. Sam's right to procedural due process.
D. Sam's Fourth Amendment rights.
E. Sam's Second Amendment rights. 49. What does the Fifth Amendment's protection against self-incrimination mean?
A. A person only has to be a witness against himself or herself if a felony is involved.
B. A person does not have to be a witness against himself or herself if a first offense is involved.
C. A person does not have to be a witness against himself or herself if prison time is involved as opposed to a mere fine.
D. A person does not have to be a witness against himself or herself, period.
E. A person has to be a witness against himself or herself. 50. Which amendment protects against double jeopardy?
A. The First Amendment
B. The Second Amendment
C. The Third Amendment
D. The Fourth Amendment
E. The Fifth Amendment 51. What does protection against "double jeopardy" mean?
A. The government cannot try a person more than once for the same crime.
B. The government cannot try a person more than twice for the same crime.
C. The government must have double proof to prosecute a person twice for the same crime.
D. The government must show that at least two people were injured by the defendant in order to justify trying the defendant twice for the same crime.
E. The government may impose a double sentence on a repeat offender in order to protect the public. 52. Which amendment gives citizens the right not to testify against themselves?
A. First
B. Third
C. Fourth
D. Fifth
E. Tenth 53. Which of the following are types of due process?
A. Procedural due process.
B. Substantive due process.
C. Independent due process.
D. All the above.
E. Procedural and substantive due process, but not independent due process. 54. Which of the following refers to the basic fairness of laws that may deprive an individual of her life, liberty, or property?
A. Procedural due process
B. Substantive due process
C. Independent due process
D. The prohibition against taking
E. Both procedural and substantive due process 55. What does the Fifth Amendment's takings clause reference?
A. The right of the government to take private property for public use without paying compensation to the owner.
B. The requirement that the government pay the owner just compensation if the government wants to take private property for public use.
C. The right of the government to put individuals in jail for up to ten days without a hearing.
D. The right of the government to put individuals in jail for up to five days without a hearing.
E. The requirement that the government compensate an owner for anything destroyed during a search. 56. Which of the following is true regarding privacy rights?
A. The U.S. Supreme Court has said that the U.S. Constitution does not provide any right to privacy.
B. The U.S. Supreme Court has found that U.S. citizens have a right to privacy based upon the U.S. Constitution.
C. The U.S. Constitution specifically provides for a right to privacy within the Second Amendment.
D. The U.S. Constitution specifically provides for a right to privacy within the Sixth Amendment.
E. The U.S. Supreme Court has found that U.S. citizens have a right to privacy based upon the U.S. Constitution, and t the U.S. Constitution specifically provides for a right to privacy within the Sixth Amendment. 57. If a law prevents individuals from exercising a fundamental right, the law will be subject to ___.
A. Intermediate scrutiny
B. Rational basis scrutiny
C. Severe scrutiny
D. Strict scrutiny
E. Legal scrutiny 58. If the law's classification scheme is based on gender, the law will be subject to ___.
A. Intermediate scrutiny
B. Rational basis scrutiny
C. Severe scrutiny
D. Strict scrutiny
E. Legal scrutiny 59. Which of the following is true regarding rights of the citizens of Belarus?
A. Citizens accused of crimes are presumed innocent until proven guilty.
B. The defendant in a criminal case has no protection from providing evidence against himself or herself.
C. Citizens have the right to profess any religion, but they must profess some religion.
D. The constitution limits the workweek to 30 hours.
E. The constitution restricts movement outside of the country. 60. Reference: "Junk food." Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy, junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. In determining whether the law is constitutional, what will a court likely ask?
A. Whether the state regulation is needed for a compelling reason.
B. Whether there is any justifiable reason to believe that the classification scheme advances a legitimate government interest.
C. Whether the state regulation is needed for an important reason.
D. Whether the state regulation will impact tax revenue.
E. Whether the state regulation is needed for a compelling reason and also whether the state regulation will impact tax revenue.

Essay Questions 61. Explain the system of checks and balances and explain how it works.

62. Explain the concept of the "dormant commerce clause."

63. Christen who just turned eighteen is out with several friends. They decide to see a movie, but it is sold out. Christen hid in the back of the theatre and yelled "Fire" as loudly as she could. Everyone ran out of the theatre, and a number got in their vehicles and left. Christen and her friends thought that seeing the movie was now possible. Unfortunately, a theatre employee saw Christen yelling, called the police, and she was arrested. Christen told the police officers that she was only exercising her free speech rights. She also told the police that the theatre employee lied and that she personally saw him stealing popcorn. The theatre employee told Christen that he was going to sue for defamation, and she told him that she would win based on her right to free speech. Discuss whether or not Christen is right on both counts and why.

64. Set forth the Central Hudson Test for Commercial Speech.

65. When is a strict scrutiny standard used to examine laws, how is this standard applied, and what presumption do court's apply, if any, in cases involving this standard?

Chapter 05 Constitutional Principles Answer Key

True / False Questions 1. (p. 93) The U.S. Constitution establishes a system of government based on the principle of federalism.
TRUE
The U.S. Constitution establishes a system of government based on the principle of federalism, according to which the authority to govern is divided between federal and state governments.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-01 What is federalism?
Topic: The U.S. Constitution 2. (p. 93) Congress has the power to enact legislation, but the president can veto a law that Congress passes.
TRUE
Congress, the legislative or lawmaking branch, has the power to enact legislation, but the president can veto a law that Congress passes.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-02 How does the U.S. government's system of checks and balances operate?
Topic: The U.S. Constitution

3. (p. 94) The U.S. Constitution explicitly allows courts to review legislative and executive actions to determine whether they are constitutional.
FALSE
Although the Constitution does not explicitly allow courts to review legislative and executive actions to determine whether they are constitutional, early common law established this process, which is known as judicial review.

AACSB: Ethics
Bloom's: Understand
Difficulty: Hard
Learning Objective: 05-02 How does the U.S. government's system of checks and balances operate?
Topic: The U.S. Constitution 4. (p. 94) Judicial review allows courts to review the constitutionality of lower courts' decisions.
TRUE
Judicial review allows courts to review the constitutionality of lower courts' decisions.

AACSB: Ethics
Bloom's: Understand
Difficulty: Easy
Learning Objective: 05-02 How does the U.S. government's system of checks and balances operate?
Topic: The U.S. Constitution

5. (p. 94) The primary source of authority for federal regulation of business is the First Amendment to the U.S. Constitution.
FALSE
The primary source of authority for federal regulation of business is the commerce clause, located in Article I, Section 8, of the Constitution.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-03 What effects does the commerce clause have on the government's regulation of business?
Topic: The Commerce Clause 6. (p. 95) Federal laws include laws passed by federal administrative agencies.
TRUE
Federal laws include laws passed by federal administrative agencies.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-02 How does the U.S. government's system of checks and balances operate?
Topic: The Supremacy Clause and Federal Preemption 7. (p. 102) Congress can use its spending power to achieve social welfare objectives.
TRUE
As with its power to tax, Congress can use its spending power to achieve social welfare objectives.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-01 What is federalism?
Topic: Taxing and Spending powers of the Federal Government 8. (p. 103) The fourteenth amendment is part of the Bill of Rights.
FALSE
The first 10 amendments to the U.S. Constitution, known as the Bill of Rights, substantially affect government regulation of business.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 9. (p. 105) No First Amendment protections apply to corporations.
FALSE
The First Amendment protections also apply to corporations. Courts do not, however, treat all corporate speech the same.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 10. (p. 105) Not all corporate speech is political speech.
TRUE
Not all corporate speech is political speech. Commercial speech is speech that conveys information related to the sale of goods and services.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution

Multiple Choice Questions 11. (p. 93) According to the principle of federalism established by the U.S. Constitution, how is the authority to govern allocated?
A. It is allocated to the federal government.
B. It is allocated to the states.
C. It is allocated to local jurisdictions.
D. It is allocated to the U.S. Senate.
E. It is divided between federal and state governments.
The U.S. Constitution establishes a system of government based on the principle of federalism, according to which the authority to govern is divided between federal and state governments.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-01 What is federalism?
Topic: The U.S. Constitution 12. (p. 93) According to the ______ Amendment to the Constitution, all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states.
A. First
B. Second
C. Fifth
D. Sixth
E. Tenth
According to the Tenth Amendment to the Constitution, all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-01 What is federalism?
Topic: The U.S. Constitution 13. (p. 93) Why must federal legislation that affects business be based on an expressed constitutional grant of authority?
A. Because the U.S. Congress passed a law to that effect.
B. Because the federal government has only those powers granted to it by the Constitution.
C. Because President Lincoln issued an executive order to that effect.
D. Because President Washington issued an executive order to that effect.
E. Because it is a custom.
Because the federal government has only those powers granted to it by the Constitution, federal legislation that affects business must be based on an expressed constitutional grant of authority.

AACSB: Ethics
Bloom's: Understand
Difficulty: Hard
Learning Objective: 05-01 What is federalism?
Topic: The U.S. Constitution 14. (p. 93) The U.S. Constitution allocates the power of the federal government among _____ branches of the government.
A. Two
B. Three
C. Four
D. Five
E. Six
In addition to allocating authority between state and federal governments, the Constitution allocates the power of the federal government among the three branches of government.

AACSB: Ethics
Bloom's: Remember
Difficulty: Easy
Learning Objective: 05-02 How does the U.S. government's system of checks and balances operate?
Topic: The U.S. Constitution 15. (p. 93) What are the three independent branches of the federal government?
A. Legislative, executive, and judicial.
B. Legislative, commerce, and safety.
C. Commerce, safety, and law enforcement.
D. Executive, safety, and law enforcement.
E. Law enforcement, judicial, and statutory.
The first three articles of the Constitution establish three independent branches of the federal government: the legislative, executive, and judicial branches.

AACSB: Ethics
Bloom's: Remember
Difficulty: Easy
Learning Objective: 05-02 How does the U.S. government's system of checks and balances operate?
Topic: The U.S. Constitution 16. (p. 94) How was the process of judicial review established, under which courts review legislative and executive actions to determine whether they are constitutional?
A. By vote of the U.S. Senate
B. By vote of the U.S. House of Representatives
C. By vote of both the U.S. Senate and the U.S. House of Representatives
D. By common law
E. By executive proclamation
Although the Constitution does not explicitly allow courts to review legislative and executive actions to determine whether they are constitutional, early common law established this process, which is known as judicial review.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-02 How does the U.S. government's system of checks and balances operate?
Topic: The U.S. Constitution 17. (p. 95) Which clause provides that the Constitution, laws, and treaties of the United States constitute the supreme law of the land?
A. The First Amendment, clause three
B. The supremacy clause
C. The commerce clause
D. The Eighth Amendment, clause one
E. The federalism clause
The supremacy clause, located in Article VI of the Constitution, provides that the Constitution, laws, and treaties of the United States constitute the supreme law of the land, "any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-02 How does the U.S. government's system of checks and balances operate?
Topic: The Supremacy Clause and Federal Preemption 18. (p. 95) Which of the following is true regarding laws passed by the U.S. Congress under the authority of the commerce clause?
A. So long as the law affects commerce among the states, or interstate commerce in some way, the regulation is generally constitutional.
B. So long as the law affects taxation in some way, it is constitutional.
C. So long as the law involves in some way a right guaranteed by the Bill of Rights, it is constitutional.
D. So long as the law is approved by any state affected, it is constitutional.
E. So long as the law is not objected to by any state affected within six months of its passage, it is constitutional.
As long as a law affects commerce among the states, or interstate commerce, in some way, the regulation is generally constitutional.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-03 What effects does the commerce clause have on the government's regulation of business?
Topic: The Commerce Clause 19. (p. 99) Reference: "Junk food." Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy, junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. What does the term "police power" reference?
A. The residual powers retained by each state to safeguard the health and welfare of its citizenry.
B. The residual powers retained by the federal government to enforce valid laws and regulations.
C. The powers granted to local government to enter residences without a search warrant.
D. The powers granted to state governments to tax for the purposes of having law enforcement.
E. The powers granted to state government to imprison citizens of other states who commit crimes within a state.
Police power consists of the residual powers retained by each state to safeguard the health and welfare of its citizenry.

AACSB: Ethics
Bloom's: Remember
Difficulty: Medium
Learning Objective: 05-03 What effects does the commerce clause have on the government's regulation of business?
Topic: The Commerce Clause 20. (p. 100) Reference: "Junk food." Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy, junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. What do courts generally presume regarding laws passed in accordance with states' police power?
A. There is no presumption.
B. The law is valid.
C. The law is invalid.
D. The law is valid unless it involves a First Amendment right.
E. The law is valid unless it involves the commerce clause.
Although the supremacy clause establishes the sovereignty of federal law, courts generally presume that laws passed in accordance with states' police power are valid.

AACSB: Ethics
Bloom's: Understand
Difficulty: Hard
Learning Objective: 05-03 What effects does the commerce clause have on the government's regulation of business?
Topic: The Commerce Clause 21. (p. 101) Which of the following is true regarding the decision by the U.S. Supreme Court in the case Granholm v. Heald involving the sale of wine by out-of-state wineries?
A. The law treating out-of-state residents differently from in-state residents was justified based on the interest of each state in protecting the business opportunities of its citizens.
B. The law treating out-of-state residents differently from in-state residents was unconstitutional.
C. The court upheld restrictions placed on out-of-state sellers on the basis that the restrictions were a valid exercise of the state's police power and that whether it unfairly burdened interstate commerce was not an issue.
D. The court refused to decide the issue one way or the other and requested additional evidence.
E. The court ruled that the plaintiffs lacked standing.
According to the Supreme Court, "The Court has upheld state regulations that discriminate against interstate commerce only after finding, based on concrete record evidence, that a State's nondiscriminatory alternatives will prove unworkable. . . Michigan and New York have not satisfied this exacting standard."

AACSB: Ethics
Bloom's: Understand
Difficulty: Hard
Learning Objective: 05-03 What effects does the commerce clause have on the government's regulation of business?
Topic: The Commerce Clause 22. (p. 102) Which of the following is true regarding federal taxation?
A. The U.S. Constitution grants Congress the power to tax.
B. The taxes laid by Congress must be uniform across the states.
C. Congress can legitimately use taxes to encourage the development of certain industries and discourage the development of others.
D. All the above.
E. None of the above.
Article I, Section 8, of the Constitution gives the federal government the "Power to lay and collect Taxes, Duties, Imports and Excises." The taxes laid by Congress, however, must be uniform across the states. Although tax collection allows the government to provide essential services, the government can also use taxes for other purposes. For example, to encourage the development of certain industries and discourage the development of others, the government can provide tax credits for firms entering favored industries.

AACSB: Ethics
Bloom's: Understand
Difficulty: Hard
Learning Objective: 05-01 What is federalism?
Topic: Taxing and Spending powers of the Federal Government 23. (p. 102) Which of the following is true regarding the privileges and immunities clause of the U.S. Constitution?
A. Under the clause, a state cannot prohibit nonresidents from opening restaurants in the state.
B. Under the clause, a state can allow state universities to charge higher tuition to out-of-state students because residents pay taxes that fund state universities, while out-of-state students do not.
C. Under the clause, states may not discriminate against citizens of other states in the buying and selling of property.
D. All the above.
E. None of the above. There is no privileges and immunities clause in the U.S. Constitution. The privileges and immunities clause is contained in a statute passed by Congress.
The privileges and immunities clause prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities. These activities include buying and selling property, seeking employment, and using the court system. For example, according to the privileges and immunities clause, a state cannot prohibit nonresidents from opening restaurants in the state. States can, however, allow state universities to charge higher tuition to out-of-state students because residents pay taxes that fund state universities, while out-of-state students do not.

AACSB: Ethics
Bloom's: Understand
Difficulty: Hard
Learning Objective: 05-01 What is federalism?
Topic: Other Constitutional Restrictions on Government 24. (p. 102) Which clause of the U.S. Constitution provides that, "Full Faith and Credit shall be given in each state to the public Acts, Records and judicial Proceedings of every other state"?
A. The full faith and credit clause
B. The privileges and immunities clause
C. The commerce clause
D. The contract clause
E. The Bill of Rights clause
Article IV, Section 1, of the Constitution contains the full faith and credit clause. This clause states, "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State."

AACSB: Ethics
Bloom's: Remember
Difficulty: Medium
Learning Objective: 05-01 What is federalism?
Topic: Other Constitutional Restrictions on Government 25. (p. 102) Reference: "Insurance." Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states be taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways be denied to any state that does not also provide insurance coverage for adults without insurance. She also proposed that states with citizens with higher than average incomes be taxed at a higher rate than other states.
Bill, another new senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Which of the following is true regarding Bill's statement?
A. He is incorrect. The U.S. Constitution contains no such reservation.
B. He is partially correct. The U.S. Constitution prohibits taxation in areas in which states also tax, but most states are not taxing for insurance purposes at this time.
C. He is incorrect in saying that the U.S. Constitution expressly reserves the right to tax to the states but he is correct in saying that Congress lacks the authority to tax in this manner because Congress cannot lay taxes for any reason other than essential needs of the federal government.
D. He is incorrect in saying that the U.S. Constitution expressly reserves the right to tax to the states but he is correct in saying that Congress lacks the authority to tax in this manner because the president has issued an executive order prohibiting such taxation.
E. He is incorrect because the prohibition is contained in a federal statute passed by Congress, not in the U.S. Constitution.
Article I, Section 8, of the Constitution grants Congress the spending power by authorizing it to "pay the Debts and provide for the common Defence and general Welfare of the United States." As with its power to tax, Congress can use its spending power to achieve social welfare objectives.

AACSB: Reflective Thinking
Bloom's: Apply
Difficulty: Hard
Learning Objective: 05-01 What is federalism?
Topic: Taxing and Spending powers of the Federal Government 26. (p. 102) Reference: "Insurance." Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states be taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways be denied to any state that does not also provide insurance coverage for adults without insurance. She also proposed that states with citizens with higher than average incomes be taxed at a higher rate than other states.
Sam, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Which of the following is true regarding Sam's statement?
A. Sam is correct.
B. Sam is correct only if the state is making efforts to put social programs into effect and is not acting unreasonably in refusing to provide needed services.
C. Sam is partially correct in saying that Congress has no authority to link highway funds with social services, but any other funds may be linked to social services by executive order.
D. Sam is partially correct in saying that Congress has no authority to link highway funds with social services but other funds may be linked to social services by an act of Congress.
E. Sam is incorrect.
Article I, Section 8, of the Constitution grants Congress the spending power by authorizing it to "pay the Debts and provide for the common Defence and general Welfare of the United States." As with its power to tax, Congress can use its spending power to achieve social welfare objectives. For example, in the 1987 case South Dakota v. Dole, 9 the Supreme Court upheld a federal statute that grants federal funds for state highways to only those states in which 21 is the legal drinking age.

AACSB: Reflective Thinking
Bloom's: Apply
Difficulty: Hard
Learning Objective: 05-01 What is federalism?
Topic: Taxing and Spending powers of the Federal Government 27. (p. 102) Reference: "Insurance." Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states be taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways be denied to any state that does not also provide insurance coverage for adults without insurance. She also proposed that states with citizens with higher than average incomes be taxed at a higher rate than other states.
Ellen, a clerk in the Senate, tells Susan that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Ellen's statement?
A. Ellen is incorrect. The U.S. Congress has complete discretion on taxation.
B. Ellen is partially incorrect because before the U.S. Congress taxes one state's residents at a higher rate than citizens of other states, a rational relationship between the difference and governmental need must be shown.
C. Ellen is incorrect because before the U.S. Congress taxes one state's residents at a higher rate than citizens of other states, an important need must be shown.
D. Ellen is incorrect because before the U.S. Congress taxes one state's residents at a higher rate than citizens of other states, a disparity of income of over 30% must be shown.
E. Ellen is correct.
Article I, Section 8, of the Constitution gives the federal government the "Power to lay and collect Taxes, Duties, Imports and Excises." The taxes laid by Congress, however, must be uniform across the states.

AACSB: Reflective Thinking
Bloom's: Apply
Difficulty: Hard
Learning Objective: 05-01 What is federalism?
Topic: Taxing and Spending powers of the Federal Government 28. (p. 103) The first _____ amendments to the U.S. Constitution are known as the Bill of Rights.
A. Five
B. Six
C. Eight
D. Nine
E. Ten
The first 10 amendments to the U.S. Constitution, known as the Bill of Rights, substantially affect government regulation of business.

AACSB: Ethics
Bloom's: Remember
Difficulty: Easy
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 29. (p. 103) Which amendment extends most of the provisions of the Bill of Rights to the states?
A. Thirteenth
B. Fourteenth
C. Twenty-first
D. Twenty-second
E. Fortieth
The Fourteenth Amendment extends most of the provisions in the Bill of Rights to the states, prohibiting state interference in citizens' exercise of their rights.

AACSB: Ethics
Bloom's: Remember
Difficulty: Hard
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 30. (p. 104) Which amendment provides that the government cannot infringe on citizens' right to bear arms?
A. First
B. Second
C. Fifth
D. Sixth
E. None
Exhibit 5-2 "Summary of the Bill of Rights" highlights the provisions under each amendment. The Second Amendment finds that in light of the need for a well-regulated militia for security, government cannot infringe on citizens' right to bear arms.

AACSB: Ethics
Bloom's: Remember
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 31. (p. 104) Which amendment prohibits cruel and unusual punishment?
A. Second
B. Fourth
C. Fifth
D. Eighth
E. Tenth
Exhibit 5-2 "Summary of the Bill of Rights" highlights the provisions under each amendment. The Eighth Amendment prevents cruel and unusual punishment.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 32. (p. 105) When the First Amendment is concerned, what does the term "political speech" reference?
A. Speech that occurs when corporations support political candidates.
B. Speech by any citizen in connection with an election campaign.
C. Speech by elected officials regarding other elected officials.
D. All the above.
E. None of the above. The First Amendment is not referenced in relation to "political speech."
Corporations engage in political speech when they support political candidates or referenda.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 33. (p. 106) Which of the following is true regarding the Central Hudson test for commercial speech?
A. Speech that is misleading is not protected by the First Amendment.
B. The government must show that a substantial governmental interest is served by a restriction on commercial speech in order to validly restrict the speech.
C. A restriction on commercial speech must not be more extensive than necessary for speech to be protected.
D. All the above.
E. None of the above.
Exhibit 5-3 "The Central Hudson Test for Commercial Speech" explains that commercial speech under the Central Hudson test is not protected if it concerns an illegal activity or is misleading. Otherwise, speech is protected unless the government interest served by the restriction is substantial, the regulation directly advances the government interest asserted, and the regulation is not more extensive than necessary to serve the government interest.

AACSB: Ethics
Bloom's: Understand
Difficulty: Hard
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 34. (p. 105-109) Which of the following is true regarding First Amendment protections?
A. The first amendment protects defamatory statements.
B. The first amendment protects obscenity.
C. The first amendment protects defamatory statements and also commercial speech.
D. Neither defamation, obscenity, nor commercial speech is protected by the First Amendment.
E. Neither defamation nor obscenity is protected by the First Amendment, but some commercial speech is protected.
Courts find that the First Amendment protects some commercial speech and analyze government restrictions on commercial speech according to the Central Hudson test. The First Amendment does not protect defamation or obscenity.

AACSB: Ethics
Bloom's: Understand
Difficulty: Hard
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 35. (p. 109) Which of the following is true regarding the protection of "fighting words" under the First Amendment?
A. Fighting words are unprotected speech under the First Amendment.
B. Fighting words are protected speech under the First Amendment only if they are uttered by an individual citizen, not by a corporate representative.
C. Fighting words are protected speech under the First Amendment only if they involve political activity.
D. Fighting words are protected speech under the First Amendment only if they are made in connection with a protest march.
E. Fighting words are protected speech under the First Amendment only if they are made in conjunction with self defense.
Fighting words are a third class of unprotected speech. Many universities believe that "hate speech," or derogatory speech directed at members of another group, such as another race, satisfies the definition of fighting words.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 36. (p. 110) Which amendment protects freedom of religion?
A. First
B. Second
C. Fourth
D. Sixth
E. Eighth
The First Amendment contains two provisions, establishment clause and free-exercise clause that protect citizens' freedom of religion.

AACSB: Ethics
Bloom's: Remember
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 37. (p. 110) As expressed in the text, which of the following expresses the United Nations declaration on hate speech?
A. The United Nations' declaration protects hate speech to a lesser degree than does the U.S.
B. The United Nations' declaration protects hate speech in essence to the same degree as the U.S.
C. The United Nations' declaration states that hate speech is not a protected form of expression.
D. The United Nations' declaration states that speech is only recognized as "hate speech" if it is gender based.
E. There is no United Nations declaration on hate speech.
The international community is less protective of hate speech than the U.S. The United Nations declaration and a number of foreign laws state that hate speech is not a protected form of expression.

AACSB: Diversity
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 38. (p. 110) What does the establishment clause of the First Amendment provide?
A. Government cannot make a law prohibiting the free exercise of religion.
B. Government cannot make a law establishing a religion.
C. Government cannot make a law referencing religion in any manner.
D. All the above.
E. None of the above.
The establishment clause maintains that government "shall make no law respecting an establishment of religion."

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 39. (p. 111) What does the free-exercise clause of the First Amendment provide?
A. Government cannot make a law prohibiting the free exercise of religion.
B. Government cannot make a law establishing a religion.
C. Government cannot make a law referencing religion in any manner.
D. All the above.
E. None of the above.
The free-exercise clause states that government cannot make a law "prohibiting the free exercise" of religion.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 40. (p. 111) A ______ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.
A. Search warrant
B. Subpoena warrant
C. Search authorization form
D. Seek warrant
E. Review authorization
A search warrant is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.

AACSB: Ethics
Bloom's: Remember
Difficulty: Easy
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 41. (p. 111) When can government agents obtain a search warrant?
A. When they can establish reasonable cause.
B. When they can establish probable cause.
C. When they can establish cause to a substantial certainty.
D. Anytime they have an informant.
E. Anytime the judge is in his office and they show identification as government agents.
Government officials can obtain search warrants only if they can show probable cause to believe that the search will uncover specific evidence of criminal activity. In other words, the government officials must have a sufficient reason based on known facts to obtain a warrant.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 42. (p. 111) Which amendment protects citizens from unreasonable searches and seizures?
A. First
B. Third
C. Fourth
D. Sixth
E. Tenth
The Fourth Amendment guarantees citizens the right to be "secure in their persons, their homes, and their personal property."

AACSB: Ethics
Bloom's: Remember
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 43. (p. 112) When may government agents search without a search warrant?
A. When law enforcement officials believe it likely that the items sought will be removed before they can obtain a warrant.
B. Outside of normal working hours for a judge.
C. When they can show that the suspect who lives in the residence at issue has been in jail previously.
D. When they can show that a felony is involved.
E. All the above.
The Supreme Court has ruled, however, that in certain circumstances, government officials do not need a search warrant. For example, when law enforcement officials believe it is likely that the items sought will be removed before they can obtain a warrant, they may conduct a search without a warrant.

AACSB: Ethics
Bloom's: Understand
Difficulty: Hard
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 44. (p. 112-113) Which of the following is an exception to the rule that administrative searches usually require search warrants?
A. The administrative exception
B. The reasonable-search exception
C. The pervasive-regulation exception
D. The compelling-need exception
E. The controlling-principle exception
Although administrative searches usually require search warrants, courts have established an exception to this rule: If an industry has a long history of pervasive regulation, a warrantless search is not unreasonable. In such industries, administrative agencies can use warrantless searches to ensure that firms uphold regulations. This pervasive-regulation exception, however, is not always easy to interpret.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 45. (p. 113) Which of the following is true regarding the right of the federal government to obtain business books and records?
A. The government has an absolute right to business books and records so long as a subpoena is issued by a grand jury.
B. The government has no rights to such records without a search warrant.
C. Obtaining books and records from a sole shareholder of a corporation and also from a sole proprietor based only upon a subpoena issued by a grand jury violates the right against self-incrimination.
D. Obtaining books and records from a sole proprietor based only on a subpoena from a grand jury violates the owner's rights against self-incrimination, but seizing records from a sole shareholder of a corporation in that manner does not violate rights against self incrimination.
E. Obtaining books and records from a sole shareholder of a corporation based only on a subpoena from a grand jury violates the shareholder's rights against self-incrimination, but seizing records from a sole proprietor in that manner does not violate rights against self incrimination.
In Braswell v. United States, the U.S. Supreme Court found that "subpoenaed business records are not privileged, and as a custodian for the records, the act of producing the records is in a representative capacity, not a personal one, so the records must be produced." The Court held that a subpoena on such records would have violated the privilege against self-incrimination if a business is a sole proprietorship.

AACSB: Reflective Thinking
Bloom's: Apply
Difficulty: Hard
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 46. (p. 113) Reference: "Thermal Imaging." Sam is engaged in the criminal activity of growing marijuana in his home. He used heat lamps in the process. The police randomly select his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, to determine that he was possibly engaged in illegal activity. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by using the thermal imager. Which of the following is true on that issue?
A. The police acted legally so long as they can show that they asked a judge for a warrant before using the thermal imager, but the judge refused.
B. The police acted legally so long as they can show that the street was truly chosen at random for a search.
C. The police acted legally so long as they can show that Sam had been in jail previously on a drug offense charge.
D. The police acted legally so long as they can show that Sam had been in jail previously for any offense.
E. The police violated Sam's Fourth Amendment rights in using the thermal imager.
The U.S. Supreme Court, in a 2001 case, ruled that police using thermal-imaging devices to detect heat patterns emanating from private homes constitutes a search that requires a warrant.

AACSB: Technology
Bloom's: Evaluate
Difficulty: Hard
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 47. (p. 114) Reference: "Thermal Imaging." Sam is engaged in the criminal activity of growing marijuana in his home. He used heat lamps in the process. The police randomly select his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, to determine that he was possibly engaged in illegal activity. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by using the thermal imager. Sam's lawyer also questions whether Sam had lost his right against self-incrimination. Which of the following is true on that issue?
A. Sam did not lose his right against self-incrimination.
B. The office was correct. Sam lost his right against self-incrimination because marijuana was involved.
C. Sam lost his right against self-incrimination because he did not immediately ask for a lawyer.
D. Sam lost his right against self-incrimination because he did not immediately say he raised his right against self-incrimination.
E. Sam lost his right against self-incrimination both because marijuana was involved and also because he did not immediately ask for a lawyer.
The Fifth Amendment protects individuals in several important ways. First, it protects against self-incrimination, meaning that in a criminal case, the defendant does not have to testify in court as a witness against herself or himself.

AACSB: Reflective Thinking
Bloom's: Apply
Difficulty: Hard
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 48. (p. 114) Reference: "Thermal Imaging." Sam is engaged in the criminal activity of growing marijuana in his home. He used heat lamps in the process. The police randomly select his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, to determine that he was possibly engaged in illegal activity. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by using the thermal imager. Sam's lawyer is concerned that the judge has not granted Sam a hearing. Which of the following references rights Sam had in regard to a hearing?
A. Sam's right to substantive due process.
B. Sam's First Amendment rights.
C. Sam's right to procedural due process.
D. Sam's Fourth Amendment rights.
E. Sam's Second Amendment rights.
Procedural due process requires that the government use fair procedures when taking the life, liberty, or property of an individual or corporation. At a minimum, procedural due process entitles a person to notice of any legal action against them, and to a hearing before an impartial tribunal.

AACSB: Reflective Thinking
Bloom's: Apply
Difficulty: Hard
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 49. (p. 114) What does the Fifth Amendment's protection against self-incrimination mean?
A. A person only has to be a witness against himself or herself if a felony is involved.
B. A person does not have to be a witness against himself or herself if a first offense is involved.
C. A person does not have to be a witness against himself or herself if prison time is involved as opposed to a mere fine.
D. A person does not have to be a witness against himself or herself, period.
E. A person has to be a witness against himself or herself.
The Fifth Amendment protects individuals in several important ways. First, it protects against self-incrimination, meaning that in a criminal case, the defendant does not have to testify in court as a witness against herself or himself.

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 50. (p. 114) Which amendment protects against double jeopardy?
A. The First Amendment
B. The Second Amendment
C. The Third Amendment
D. The Fourth Amendment
E. The Fifth Amendment
The Fifth Amendment protects against double jeopardy. Thus, government cannot try a person more than once for the same crime.

AACSB: Ethics
Bloom's: Remember
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 51. (p. 114) What does protection against "double jeopardy" mean?
A. The government cannot try a person more than once for the same crime.
B. The government cannot try a person more than twice for the same crime.
C. The government must have double proof to prosecute a person twice for the same crime.
D. The government must show that at least two people were injured by the defendant in order to justify trying the defendant twice for the same crime.
E. The government may impose a double sentence on a repeat offender in order to protect the public.
The Fifth Amendment protects against double jeopardy. Thus, government cannot try a person more than once for the same crime.

AACSB: Ethics
Bloom's: Remember
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 52. (p. 114) Which amendment gives citizens the right not to testify against themselves?
A. First
B. Third
C. Fourth
D. Fifth
E. Tenth
The Fifth Amendment protects against self-incrimination, meaning that in a criminal case, the defendant does not have to testify in court as a witness against herself or himself.

AACSB: Ethics
Bloom's: Remember
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 53. (p. 114) Which of the following are types of due process?
A. Procedural due process.
B. Substantive due process.
C. Independent due process.
D. All the above.
E. Procedural and substantive due process, but not independent due process.
The due process clause guarantees two types of due process: procedural and substantive.

AACSB: Ethics
Bloom's: Remember
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 54. (p. 114) Which of the following refers to the basic fairness of laws that may deprive an individual of her life, liberty, or property?
A. Procedural due process
B. Substantive due process
C. Independent due process
D. The prohibition against taking
E. Both procedural and substantive due process
Substantive due process refers to the basic fairness of laws that may deprive an individual of her life, liberty, or property.

AACSB: Ethics
Bloom's: Remember
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 55. (p. 114-115) What does the Fifth Amendment's takings clause reference?
A. The right of the government to take private property for public use without paying compensation to the owner.
B. The requirement that the government pay the owner just compensation if the government wants to take private property for public use.
C. The right of the government to put individuals in jail for up to ten days without a hearing.
D. The right of the government to put individuals in jail for up to five days without a hearing.
E. The requirement that the government compensate an owner for anything destroyed during a search.
The Fifth Amendment provides that when government takes private property for public use, it must pay the owner just compensation, or fair market value, for the property. This provision is called the takings clause.

AACSB: Ethics
Bloom's: Remember
Difficulty: Medium
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 56. (p. 116) Which of the following is true regarding privacy rights?
A. The U.S. Supreme Court has said that the U.S. Constitution does not provide any right to privacy.
B. The U.S. Supreme Court has found that U.S. citizens have a right to privacy based upon the U.S. Constitution.
C. The U.S. Constitution specifically provides for a right to privacy within the Second Amendment.
D. The U.S. Constitution specifically provides for a right to privacy within the Sixth Amendment.
E. The U.S. Supreme Court has found that U.S. citizens have a right to privacy based upon the U.S. Constitution, and t the U.S. Constitution specifically provides for a right to privacy within the Sixth Amendment.
The Ninth Amendment states, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Although this amendment does not expressly guarantee the right to privacy, courts have interpreted the Ninth Amendment, together with the First, Third, Fourth, and Fifth amendments, as providing individuals with a right to privacy.

AACSB: Ethics
Bloom's: Understand
Difficulty: Hard
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 57. (p. 117) If a law prevents individuals from exercising a fundamental right, the law will be subject to ___.
A. Intermediate scrutiny
B. Rational basis scrutiny
C. Severe scrutiny
D. Strict scrutiny
E. Legal scrutiny
If a law prevents individuals from exercising a fundamental right, or if the law's classification scheme involves suspect classifications, the action will be subject to strict scrutiny.

AACSB: Ethics
Bloom's: Remember
Difficulty: Hard
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 58. (p. 117) If the law's classification scheme is based on gender, the law will be subject to ___.
A. Intermediate scrutiny
B. Rational basis scrutiny
C. Severe scrutiny
D. Strict scrutiny
E. Legal scrutiny
If the law's classification scheme is based on gender or on the legitimacy of children, courts use intermediate scrutiny.

AACSB: Ethics
Bloom's: Remember
Difficulty: Hard
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 59. (p. 117) Which of the following is true regarding rights of the citizens of Belarus?
A. Citizens accused of crimes are presumed innocent until proven guilty.
B. The defendant in a criminal case has no protection from providing evidence against himself or herself.
C. Citizens have the right to profess any religion, but they must profess some religion.
D. The constitution limits the workweek to 30 hours.
E. The constitution restricts movement outside of the country.
The constitution of Belarus, adopted in 1994, provides Belarusian citizens with an exhaustive set of rights that surpasses most other nations' constitutions. The Belarusian constitution guarantees, for example, that citizens accused of crimes are presumed innocent until proven guilty.

AACSB: Diversity
Bloom's: Understand
Difficulty: Hard
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 60. (p. 117) Reference: "Junk food." Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy, junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. In determining whether the law is constitutional, what will a court likely ask?
A. Whether the state regulation is needed for a compelling reason.
B. Whether there is any justifiable reason to believe that the classification scheme advances a legitimate government interest.
C. Whether the state regulation is needed for an important reason.
D. Whether the state regulation will impact tax revenue.
E. Whether the state regulation is needed for a compelling reason and also whether the state regulation will impact tax revenue.
When a classification scheme involves matters other than a suspect classification (such as race, national origin or citizenship), illegitimacy or gender, courts apply a rational-basis test. According to this test, courts ask whether there is any justifiable reason to believe that the classification scheme advances a legitimate government interest.

AACSB: Reflective Thinking
Bloom's: Evaluate
Difficulty: Hard
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution

Essay Questions 61. (p. 93) Explain the system of checks and balances and explain how it works.
The Constitution establishes the system of checks and balances. Each branch's powers keep the other branches from dominating the government. Congress, the legislative branch, has the power to enact legislation, but the president can veto a law that Congress passes. The legislature, however, can overturn a presidential veto with a two-thirds vote of the members of Congress. Also, if Congress passes a bill and the president signs it, the judiciary can strike it down as unconstitutional.

AACSB: Ethics
Bloom's: Understand
Difficulty: Hard
Learning Objective: 05-02 How does the U.S. government's system of checks and balances operate?
Topic: The U.S. Constitution 62. (p. 99) Explain the concept of the "dormant commerce clause."
The dormant commerce clause is a restriction on the state's authority to pass laws that substantially affect interstate commerce. Sometimes a state's use of its police power affects interstate commerce. If the purpose of a state law is to regulate interstate commerce or to discriminate against interstate commerce, the law is usually unconstitutional. Likewise, if a law substantially interferes with interstate commerce, it is generally unconstitutional.

AACSB: Ethics
Bloom's: Understand
Difficulty: Hard
Learning Objective: 05-03 What effects does the commerce clause have on the government's regulation of business?
Topic: The Commerce Clause 63. (p. 104-105) Christen who just turned eighteen is out with several friends. They decide to see a movie, but it is sold out. Christen hid in the back of the theatre and yelled "Fire" as loudly as she could. Everyone ran out of the theatre, and a number got in their vehicles and left. Christen and her friends thought that seeing the movie was now possible. Unfortunately, a theatre employee saw Christen yelling, called the police, and she was arrested. Christen told the police officers that she was only exercising her free speech rights. She also told the police that the theatre employee lied and that she personally saw him stealing popcorn. The theatre employee told Christen that he was going to sue for defamation, and she told him that she would win based on her right to free speech. Discuss whether or not Christen is right on both counts and why.
While the First Amendment protects freedom of speech, like other rights, First Amendment rights are not absolute. For that reason, a person does not have the right to yell fire as did Christen. Additionally, the First Amendment does not protect false statements about another that are injurious to that person's reputation.

AACSB: Reflective Thinking
Bloom's: Apply
Difficulty: Hard
Learning Objective: 05-03 What effects does the commerce clause have on the government's regulation of business?
Topic: The Commerce Clause 64. (p. 105-106) Set forth the Central Hudson Test for Commercial Speech.
The test has four aspects as follows:
(1) Does the speech concern an illegal activity? Is it misleading?
(2) Is the government interest served by the restriction on commercial speech substantial?
(3) Does the regulation directly advance the government interest asserted?
(4) Is the regulation more extensive than necessary to serve the government interest?
So long as the speech is not misleading, the government must show that the interest served by the restriction on commercial speech is substantial. The regulation must directly advance the government interest asserted, and the regulation must not be more extensive than necessary to serve the government interest involved.

AACSB: Ethics
Bloom's: Understand
Difficulty: Hard
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution 65. (p. 117) When is a strict scrutiny standard used to examine laws, how is this standard applied, and what presumption do court's apply, if any, in cases involving this standard?
If a law prevents individuals from exercising a fundamental right, or if the law's classification scheme involves suspect classifications, the action will be subject to strict scrutiny. Suspect classifications include classifications based on race, national origin, and citizenship. Courts uphold suspect classifications only if they are necessary to promote a compelling state interest. In cases involving suspect classifications, courts do not begin their analysis with a presumption that the classification is constitutional, so few laws pass the strict-scrutiny standard.

AACSB: Ethics
Bloom's: Understand
Difficulty: Hard
Learning Objective: 05-04 How does the Bill of Rights protect the citizens of the United States?
Topic: The Amendments to the Constitution